PROCEDURE-COURT

Landlord Disregarded Time Frame for Occupants to Quit Premises

November 25, 2024    

Landlord, which became the building owner under a Referee's Deed, sue to evict occupants of a first-floor apartment in the building after serving a 10-day notice to quit. Landlord claimed that none of the...

Court Approves Tenants' Request to Subpoena DHCR Records

November 20, 2024    

Tenants sued landlord, claiming rent fraud, willful rent overcharge, breach of the warranty of habitability, and breach of lease. Tenants asked the court to issue subpoenas duces tecum to order DOB, HPD, and the DHCR...

Landlord's 90-Day Termination Notice Wasn't Sent on Time

October 28, 2024    

Landlord sued to evict tenant from a rented house after sending a 90-day lease nonrenewal notice. Landlord sought $10,000 in unpaid rent in her court petition. Tenant asked the court to dismiss the case because the...

Landlord LLC in Noncompliance with Limited Liability Law Publication Requirements

October 27, 2024    

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because landlord, a limited liability company (LLC), didn't publish its articles of organization and therefore didn't comply with...

Nonpayment Proceeding Dismissed Due to Occupancy Contrary to C of O

October 27, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $31,000. Tenant asked the court to dismiss the case. The court ruled for tenant. An ECB violation had been issued for "...

Errors in Rent Demand Result in Dismissal of Nonpayment Proceeding

October 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because the rent demand was defective. The court agreed. The rent demand incorrectly claimed that rent began to accrue...

Landlord Sued Former Tenant for Back Rent and Damages in Improper Format

October 25, 2024    

Landlord apartment owner sued former tenant for back rent owed under lease that tenant broke by vacating early. Tenant's lease term ran from Oct. 1, 2022, through Dec. 31, 2023, but tenant moved out on Jan. 31,...

Landlord Can't Evict Tenant for Nonpayment Where No Lease in Effect

September 24, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, based on rent owed between March 2020 and May 2021 totalling $34,495. At trial, it was shown that after a prior rent-stabilized lease expired in...

No Money Judgment Where Tenant Moved Out Before Trial in Nonpayment Eviction Case

September 24, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed $38,800. Tenant retained counsel, filed an answer, and engaged in motion practice and in failed settlement negotiations...

Court Appoints GAL After Nonpayment Case Settled by Stipulation Given APS Report

September 24, 2024    

Landlord sued to evict tenant for nonpayment of rent.  Landlord and tenant signed a settlement stipulation in court by which landlord was granted a judgment of possession and an eviction warrant, stayed so that...

Tenant Had No Rent-Stabilized Lease and Never Paid Rent to New Landlord

September 24, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case and denied landlord's request for summary judgment granting possession without a trial. Landlord...

Termination Notice Failed to State Tenant Received Section 8 Subsidy

August 28, 2024    

Landlord sued to evict tenant based on termination of the lease term through a 90-day termination notice. Tenant asked the court to dismiss the case without a trial because landlord failed to comply with termination...